defendants are entitled to get 1/3rd share; the plaintiff is entitled to partition; defendant No. 1 is not the only owner of Survey Nos. 481, 482 & 483; the plaintiff never relinquished her right over the suit property; and no sale deed was executed in favour of Banshi Lal by Rambharosh and consequently, decreed the suit. The learned appellate Court, in appeal, preferred by the defendants held that the learned trial Court has not considered Ex. P8 which shows that a Civil Suit was filed before the Second Civil Judge Class II and a compromise judgment and decree was passed with regard to survey Nos. 504/2, 508/2, 4181/3, & 4373/6 ad-measuring 0.049, 0.77, 0.122 & 0.121 hectares between Ramkali and Krishna Kumar. The learned Appellate Court further held that the plaintiff has suppressed this fact, and also not stated any material with regard to Ex. P/8, the judgment and decree passed by the Second Civil Judge Class II Janjgir, District – Janjgir-Champa (C.G) and has not approached the Court with clean hands. The learned appellate Court also held that the plaintiff had not stated correct facts before the trial court, consequently, the appeal preferred by defendants No. 1 and 2 was allowed and the judgment passed by the learned trial Court was reversed.
